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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 2629
Experience:  Freelance Solicitor at Self Employed
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I was wondering. Because me and my cotenant signed a 36

Customer Question

I was wondering. Because me and my cotenant signed a 36 month contract, with break clause of 2 month notice. And we agreed that we would actually end the contract on October. W However, the cotenant wants to retract His words and didn't want to notify the leasing company Is there anyway I can hold him accountable for his words? I have the initial email with the agent, and our recent chat confirming the agreement
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: I emailed the agent about it and they said breaking the contract requires both tenant to consent what What can I do about it? I am worried that he will drag me in the contract forever Thanks for your help
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Sorry to ask’ are there any fees that I should be aware of?
Submitted: 10 days ago.
Category: Law
Expert:  Vineet S replied 10 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

I will go through your question and will get back to you with my answer shortly.

Meanwhile, please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Vineet S replied 10 days ago.

Hi there,

Could you please confirm if it is regarding a residential tenancy or you both have signed a joint tenancy agreement?

Customer: replied 10 days ago.
We signed a joint tenancy agreement
Expert:  Vineet S replied 10 days ago.

and it is a residential tenancy?

Customer: replied 10 days ago.
Customer: replied 10 days ago.
Sorry i am outside now. Not available for calls
Expert:  Vineet S replied 10 days ago.

Please ignore any phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Expert:  Vineet S replied 10 days ago.

In a joint tenancy, all tenants are jointly and severally liable for the rent payments till the expiry of the fixed term.

That means that each tenant will be responsible for complying with the Tenant’s obligations under this Agreement both individually and jointly. The Landlord may seek to enforce these obligations and claim damages against any one or all of the joint tenants.

Your Landlord can chase you for the rent payments till the expiry date of the fixed term, even if you leave the rented accommodation, as joint tenancy can be terminated by a collective action of all the joint tenants.

If you wants to leave and other tenant wants to stay, then you can find a new tenant who can take over the ongoing tenancy from you, thus you would be surrendering your tenancy in favour of the new replacement tenant.

Customer: replied 10 days ago.
I see But we had agreement that we end by 8 months. And i am willing to comply to that agreement. It is just that he wanted to get the discount, otherwise he cannot rent. Therefore we signed the 36 months contract. We have initial email with the agent confirming that.
Customer: replied 10 days ago.
but the landlord will not take this into consideration right? So there is nothing I can do?
Expert:  Vineet S replied 10 days ago.

As you have signed a new agreement , the initial agreement does not stand now.

Expert:  Vineet S replied 10 days ago.

You can ask the Landlord to find your replacement , who can take over the remaining tenancy term from you.

Customer: replied 10 days ago.
Ok, So I cannot break anything without his consensus then?
Customer: replied 10 days ago.
That's so sad. I don't understand
Expert:  Vineet S replied 10 days ago.

Unfortunately , yes it is a joint contract , can not be terminated by any one of you.

Customer: replied 10 days ago.
even if I have recent record confirming the agreement
Customer: replied 10 days ago.
there are no use? I don't understand. Where are my right in this
Expert:  Vineet S replied 10 days ago.

Tenancy agreements are binding contracts and can not be terminated, within the fixed term.

Expert:  Vineet S replied 10 days ago.

You both have to give notice to the Landlord for leaving and then hand over the vacant possession back to the Landlord,

Customer: replied 10 days ago.
Ok I see.
Expert:  Vineet S replied 10 days ago.

Yes.

Expert:  Vineet S replied 10 days ago.

I hope this helps.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.